The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-29
COL. ROBErSON'S APPEAL.
concluded from Fifth Page.

concluded from Fifth Page.1
auditor "for the OCCASION" think that would
hardly be conclusive that we were not to elect
clerk the first chance We got
But suppose it to be true then, if your Honors
please, that upon the death of the Lieutenant
governor the duties are devolved on some one
else
Justice Zolars-Judge Mitchell's position is,
all the constitutional duties.
Senator Harrison-I don't care whether it is
all his duties or all the duties, which under the
Constitution the Legislature have rightly de-
volved upon him. Suppose some one else who
is said to be President of the Senate for the
occasion"-that is the language of the Constitu-
ton. Is it not very forced construction that
draws out of that the conclusion that he is to
discharge those duties for four years, and that
the vacancy in the Office of ACKNOWLEDGEMENT
may not be filled? So far from an idea of
permanence does not the very grant of author
ity to elect this ''for the occasion" imply
limited and Temporary discharge of the dutiesf
Would not the Constitution have said that he
shall discharge the duties until the expiration of
the term, until the vacancy is filled, instead
of using these transitory, temporary words of
sufference as descriptive of the Office that he
holds!
Mr.. Brown-May ask you on that, ought not
the courts to follow the construction put upon
the words "for the occasion that the Leglsla-
ture has put upon those words?
Senator Harrison-What is that construction
That pat on them by Mr.. Smith,
MIR. Brown-No, sir; l mean the construction
that has been universally put upon those words
by the Legislature
Senator Harrison-What is thata
Mr. Brown-That has been this, as / remem-
Der it; that the Senate would elect President
and that election stood, and in all cases of alb
sence for any cause thereafter OF the Lleuten-
ant-governor that person discharged the duties
OF the Office in so far presiding over the Sen
ate is concerned.
Senator Harrison-That may be; but still it
simply enlarges the occasion" from that of a
day to week; it still doesn't add any idea of per-
manence; none whatever; and if your Honors
please, the idea of permanence is ex-
pressly excluded by the fact that the Senate
of Indiana is not continuing body.
Suppose, instead of being hold-over Senator.
Mr.. Green Smiths term had expired with the
last Legislature. Where is your President pro
tempore? The Office necessarily ends with the
adjournment of the Legislature. 1t
sumption. in my mind assumption that l can
not fifty characterize here that the fact that be
had been elected at a previous General Assembly
made. him the presiding officer of the present
Senate, in which there were only twenty four
men who voted for him. 1t is only because the
Senate Of the United States is held to be con-
tinuing body by reason Of an expressed rule that
the President pro tempore holds continuously;
and, unlike the Speaker OF the House, does not
terminate his official existence with the Con-
gress. I say that qualification does not inhere
in the Senate of Indiana; 1t ls not a continuing
body. And when it elects President, a Presi-
dent pro tempore for the occasion, his power
cannot run into the organization of a new Legis
lature.
Mr.. Brown-Have you forgotten, General, that
the bill AYERS that General Manson resigned
some time in August last, that Smith was elect
co by the present Senate of Indiana on the 9th
day OF January, and that all these averred
causes of information subsequent to that
date2
Senator Harrison-I have not forgotten il your
Honors please, those most extraordinary double
action allegations in this petition. That this
Senate recognized Mr.. Smith as being already
President pro tempore, and by the same resolu-
tion elected him to be. Laughter juggle,
If your Honors please, that may have an appro-
pirate place where politicians Assem- BILE, but has
no standing in this court. I am not unaware,
| too of the fact that this bill ard answer show
that when Mr.. Smith was previous
~ elected President pro tempore of the Sen
| tenant-governor, was in the chair, and put
the question his election. Utterly void!
| void under the Constitution, which gives the
| Senate the right only to elect when the Leuten-
nized is the rule that when President Garfield
| and Vice-president Arthur came IN, at the ex-
| ecutive session first held the Senate elected no
| President pro tempore and could not, because
| the Vce-presdent occupied the chair And
| when that fatal bullet of the assassin killed the
| President Congress had to be reconvened. that
| the Senate might choose one in order to provide
| for the succession. And l remember. too that
| W hen own distinguished citizen, Thomas A.
| Hendricks, whose untimely taking off all
mourn became Vice president he, too occupied
his place in the Vice-presidents chair, and did
| not give the Senate opportunity to select a
! President pro tempore; and that when he
| died there was no successor, if President Cieve
| land had followed his untilnely footsteps. And
yet we have case here, and the gentleman
calls my attention to it. where it is shown by the
papers that this man, claiming to hold over and
to have succeeded when General Manson became
collector of internal revenue. to the Office OF
Lieutenant governor. was elected. with the Lieu
tenant governor In the chair.
1t is 'for an occasion" may it please your
your Honors Words of limitation, characterize
ing an office as temporary. heeting and inviting q
successor could not have been more aptly
chosen. l will not detain your Honors longer
with the discussion of this question. The limit
of time which, [ assume. was assigned me ha:
been exhausted
some, and l take it the court will be glad t.
: have you occupy the time needed to conclude
| your argument
, Senator Harrson-The Interruptions hav,
only ornamented my argument.
| Mr.. Browu-So far as we are concerned Their,
| is no limit of time.
Justice Mitchell-Our Interruptions may hav,
broken the chain of your argument and placed
; you at some disadvantage, and we would be glat
to have you finish.
Senator Harrison-If 1 have been put to an,
disadvantage by the Interruptions. it was OF
: account of the weakness OF the advocate, an,
Q not of the cause for which I speak.
e Your Honors, here are two threshold cues
+ lions of jurisdiction. To the considerable,
g thereof invoke the careful thoughtful and con
scientious consideration OF the court. 1 am sur
/ need not, by any word of mine, attempt +
stimulate your courage to deal with any ques
l. ton that can be submitted. 1t would be disre
4 spectful suggestion. Because the court tina,
walking uprightly the strength and dignity 9
n the high Office it exercises. and defying clamol
l. refuses to decide questions of which it has nc
/ jurisdiction, will outlive clamor. and will estat
lish itself in the confidence of the whole people
a confidence which gives its judgments strengt
: and executes its decress without the aid
n | force.
Mrs. Ewing's Lectures
The interesting lesson cooking. yesterda
= afternoon, given by Mrs. Emma Ewing